Update/Help

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Update/Help

Unread postby _ProudPoppa_ » Tue Jan 09, 2018 1:29 pm

Two months ago we had our Temp Hearing. There were too many motions to be heard in our allotted time. Our attorneys verbally agreed to temp orders. Hers would write them up, and send them to mine for us to review.

I told my attorney a few things I would not allow/agree to in the orders. And for him to send them to me before I would sign.

Today I got an email from his assistant showing the "Agreed to Orders" that were filed last week. I never had a chance to review them before they were filed. I contacted my lawyers assistant immediately and told her. She contacted my attorney.

Are these considered Temp Orders? Luckily, it still includes 50/50 parenting time. But, the support arrangements are not what I wanted along with some other things.

The papers are signed by the judge. Any chance to modify them?
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Re: Update/Help

Unread postby massdad1234 » Tue Jan 09, 2018 1:31 pm

what specifically did you sign and what does it state? I would get copies of it exactly from the courthouse and review.
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Re: Update/Help

Unread postby _ProudPoppa_ » Tue Jan 09, 2018 1:52 pm

I didn't sign anything. Our lawyers worked out an agreement, and they signed and submitted it.

It has me paying for her daycare in proportion to our incomes. I wanted to pay for our own childcare. We both use family, and work irregular hours. (5 hours some days, 7 hours another).

It also says husband shall pay wife $xxx per month for support obligations. This is only for CS and daycare. But it's rolled into one. I would rather pay through the support agency for CS. And directly to her child care provider for day care. Not just a check to her. It has nothing for her to help with my daycare expenses.
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Re: Update/Help

Unread postby massdad1234 » Tue Jan 09, 2018 1:55 pm

its confusing, you didn't sign anything but the judge did? Whatever we agreed to, I ALWAYS had to sign. I would look at exactly what it is. I would also reiterate with your attorney, they are to file nothing without your expressed consent.
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Re: Update/Help

Unread postby _ProudPoppa_ » Tue Jan 09, 2018 2:06 pm

It's an "Agreed Order"

Signed by the judge and both attorneys. Last week. But, neither me or stbx signed it. And, today is the first I've seen it. A copy was emailed to me.
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Re: Update/Help

Unread postby dad2grls » Tue Jan 09, 2018 2:20 pm

So your attorneys completely disregarded your request to review the orders and filed them without your consent?

If you verbally agreed "on the record" in the courtroom, that could be all that was needed. Regardless of whether or not the orders are valid and will stand without your signature, Isuggest you get another attorney.

Don't throw good money after bad or waste more time with an attorney who is lazy, incompetent, careless or all of the above.

As far as paying CS directly to her, so what? Just keep good bank records of the payments. I'd rather do that than go through the system which is more prone to errors and more difficult to change when modifications occur which they invariably will.
Last edited by dad2grls on Tue Jan 09, 2018 2:22 pm, edited 1 time in total.
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Re: Update/Help

Unread postby Tom Kirkpatrick » Tue Jan 09, 2018 2:21 pm

_ProudPoppa_ wrote:Two months ago.....Today I got an email.....
Follow through.....follow through.....follow through.
In this game, you must never rest on your laurels. Instead, it's all about case management.

No foregone conclusion: OC wrote an Order that favors your STBX - and what's worse, your attorney agreed to it. You should've stepped up to the plate and instructed your attorney to write the order. Attorney Management 101.

Two months is a long time, Bro. And, "No news is good news," right??
But my attorney handles everything. That's what I pay him to do.
WRONG!! It’s about you managing your case personally, proactively, and preemptively, leaving no stone unturned as you do.

Here's what happened: Your attorney, of his own accord, took the path of least resistance.
Imagine this: How will he behave when things heat up and your case assumes a life of its own??

Do you have a copy of the Order??

Do you have a back-up attorney?? You sure as hell need one!!

Tom
Like football, family court is a game of inches. A John Madden strategy
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Re: Update/Help

Unread postby _ProudPoppa_ » Tue Jan 09, 2018 2:43 pm

I specifically told him what not to allow in the order. I also told him I wanted to review it. He acknowledged my requested. I was trying not finance his new cars, so I didn't send him a bunch of trivial emails. I guess I knew in my gut I should have had him write it up. It's not a devastating loss. Just irked.

Advice well received. Thanks guys.
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Re: Update/Help

Unread postby _ProudPoppa_ » Tue Jan 09, 2018 2:45 pm

Yes, I have an emailed copy of the order.

We haven't even been through mediation yet. I would think there's a chance then to change things if this situation doesn't get ironed out.
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Re: Update/Help

Unread postby Trevor » Tue Jan 09, 2018 8:40 pm

Not if it's an executed consent decree.
"Personal density is directly proportional to temporal bandwidth."
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